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7:10:1

משנה: בַּכֹּל מִעָרְבִין וּמִשְׁתַּתְּפִין חוּץ מִן הַמַּיִם וּמִן הַמֶּלַח דִּבְרֵי רִבִּי אֱלִיעֶזֶר. רִבִּי יְהוֹשֻׁעַ אוֹמֵר כִכָּר הוּא עֵירוּב. אֲפִילוּ מַאֲפֵה סְאָה וְהִיא פְרוּסָה אֵין מְעָרְבִין בָּהּ. כִּכָּר בְּאִיסָּר וְהוּא שָׁלֵם מְעָרְבִין בּוֹ: נוֹתֵן אָדָם מָעֵיו לַחֶנְוָונִי אוֹ לַנַּחְתּוֹם כְּדֵי שֶׁיִזְכֶּה לוֹ בָעֵירוּב דִּבְרֵי רִבִּי אֱלִיעֶזֶר. וַחֲכָמִים אוֹמְרִים לֹא זָכוּ לוֹ מְעוֹתָיו. וּמוֹדִין בִּשְׁאָר כָּל אָדָם שֶׁזָּכוּ לוֹ מְעוֹתָיו שֶׁאֵין מְעָרְבִין לָאָדָם אֶלָּא מִדַּעְתּוֹ. אָמַר רִבִּי יְהוּדָה בַּמֶּה דְבָרִים אַמורִים בְּעֵירוּבֵי הַתְּחוּמִין אֲבָל בְּעֵירוּבֵי הַחֲצֵירוֹת מְעָרְבִין לְדַעְתּוֹ וְשֶׁלֹּא לְדַעְתּוֹ לְפִי שֶׁזָּכִין לוֹ לָאָדָם שֶׁלֹּא בְּפָנָיו וְאֵין חָבִין לֹו אֶלָּא בְּפָנָיו:

MISHNAH: Anything and participation except water and salt, the words of Rebbi Eliezer. Rebbi Joshua says, an eruv is a loaf of bread. Even if a se’ah was baked but is sliced one may not use it for eruv; a loaf the size of an as18In Imperial Rome a small copper coin. which is complete may be used for eruv.
A person may give an obolus19The smallest silver coin, ⅙ of a denar. to a grocer or a baker to acquire part in his eruv, the words of Rebbi Eliezer. But the Sages say, his money did not acquire for him20Since movables are not acquired until taken in possession (Mishnah Qiddušin 1:5) the person would have to tell the grocer to be his agent and deliver his part to a third person who then acquires it for him. The only thing he cannot do is give money to acquire part of the loaf which the baker will bake as eruv without any further action.. They agree for anybody else that his money does acquire for him, because one makes an eruv for a person only with his agreement. Rebbi Jehudah explained, when has this been said? For eruv of domains, but eruvin of courtyards one makes with or without his agreement since one may give benefits to a person in his absence but impose obligations on him only in his presence21Since the person who makes an eruv of domains loses the right to go in the opposite direction, such an eruv cannot be made for him without his agreement. But eruv of courtyards or participation in alleys gives him the right to carry there without imposing any obligations and therefore can be made without him being asked..

MISHNAH: Anything and participation except water and salt, the words of Rebbi Eliezer. Rebbi Joshua says, an eruv is a loaf of bread. Even if a se’ah was baked but is sliced one may not use it for eruv; a loaf the size of an as18In Imperial Rome a small copper coin. which is complete may be used for eruv.
A person may give an obolus19The smallest silver coin, ⅙ of a denar. to a grocer or a baker to acquire part in his eruv, the words of Rebbi Eliezer. But the Sages say, his money did not acquire for him20Since movables are not acquired until taken in possession (Mishnah Qiddušin 1:5) the person would have to tell the grocer to be his agent and deliver his part to a third person who then acquires it for him. The only thing he cannot do is give money to acquire part of the loaf which the baker will bake as eruv without any further action.. They agree for anybody else that his money does acquire for him, because one makes an eruv for a person only with his agreement. Rebbi Jehudah explained, when has this been said? For eruv of domains, but eruvin of courtyards one makes with or without his agreement since one may give benefits to a person in his absence but impose obligations on him only in his presence21Since the person who makes an eruv of domains loses the right to go in the opposite direction, such an eruv cannot be made for him without his agreement. But eruv of courtyards or participation in alleys gives him the right to carry there without imposing any obligations and therefore can be made without him being asked..

7:10:2

הלכה: פיס׳. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. זֹאת אוֹמֶרֶת שֶׁאֵין הַמָּעוֹת קוֹנוֹת דְּבַר תּוֹרָה. מֵעַתָּה אֲפִילוּ בָא לֹו אֶצֶל הַחֶנְוָונִי. שַׁנְיָיא הִיא. שֶׁמָּא יִשְׁכַּח וְיוֹצִיאֶנָּהּ. רִבִּי אָחָא בְשֵׁם רִבִּי חִינְנָא. אַבָּא לֹא אָמַר כֵּן. אֶלָּא וַחֲכָמִים אוֹמְרִים לֹא זָכוּ לֹו מְעוֹתָיו. זֹאת אוֹמֶרֶת שֶׁהַמָּעוֹת קוֹנוֹת דְּבַר תּוֹרָה. מוֹדִין בִּשְׁאָר כָּל אָדָם שֶׁזִּכּוּ לֹו מְעוֹתָיו. שֶׁכֵּן חֶנְוָונִי מְזַכֶּה לָהֶן עַל יְדֵי אַחֵר. שֶׁאֵין מְעָרְבִין לָאָדָם אֶלָּא מִדַּעְתּוֹ. מַתְנִיתָא דְּרִבִּי מֵאִיר. דְּרִבִּי מֵאִיר אָמַר. עַל יְדֵי עֵירוּב וְעַל יְדֵי שִׁיתּוּף. רִבִּי זְעִירָא בְשֵׁם רִבִּי יוֹחָנָן. בָּעֵירוּבִין וּבְתַעֲנִית צִיבּוּר נָהֲגוּ הַכֹּל כְּרִבִּי מֵאִיר. רִבִּי יַעֲקֹב בְּשֵׁם רִבִּי יוֹחָנָן. אַף בִּמְגִילַּת אֶסְתֵּר נָהֲגוּ הַכֹּל כְּרִבִּי מֵאִיר .

HALAKHAH: Paragraph96Discussion of Mishnah 11.. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that money does not transfer title as word of the Torah. Then even if he comes to the grocer? There is a difference, maybe he would forget and sell it97If money did transfer title by biblical standards, the Sages could not abolish a biblical law and decree that his money could not be effective. But then it should be possible to deposit the eruv with the grocer, in which case the taking possession by the grocer should transfer property as required, which seems to be excluded by the Sages’ opposition to R. Eliezer. The answer is that as a matter of biblical law this is permitted, only rabbinically it is prohibited since one is afraid that the grocer inadvertently might sell the loaf designated as eruv.. Rebbi Aḥa in the name of Rebbi Ḥinena98He is R. Ḥanina, son of R. Abbahu (S. Liebermann.): My father did not say so but: “But the Sages say, his money did not acquire for him20Since movables are not acquired until taken in possession (Mishnah Qiddušin 1:5) the person would have to tell the grocer to be his agent and deliver his part to a third person who then acquires it for him. The only thing he cannot do is give money to acquire part of the loaf which the baker will bake as eruv without any further action..” This implies that money does transfer title as word from the Torah99Babli 81b, Bava mesiˋa 47b, in the name of R. Joḥanan. Since the Mishnah states that in general money may be used to transfer title, this must be biblical law.. “They agree for anybody else that his money does acquire for him,” because the grocer will transfer title through a third person. “Because one makes an eruv for a person only with his agreement;” the Mishnah is Rebbi Meïr’s100Chapter 6, Notes 99–102. since Rebbi Meïr said, by an eruv, by participation. Rebbi Ze`ira in the name of Rebbi Joḥanan: In matters of eruvin and public fast-days everybody follows Rebbi Meïr. Rebbi Jacob [bar Aḥa]79Added from the parallels; missing here but necessary. in the name of Rebbi Joḥanan: Even about the reading of the Esther scroll everybody follows Rebbi Meïr.

HALAKHAH: Paragraph96Discussion of Mishnah 11.. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that money does not transfer title as word of the Torah. Then even if he comes to the grocer? There is a difference, maybe he would forget and sell it97If money did transfer title by biblical standards, the Sages could not abolish a biblical law and decree that his money could not be effective. But then it should be possible to deposit the eruv with the grocer, in which case the taking possession by the grocer should transfer property as required, which seems to be excluded by the Sages’ opposition to R. Eliezer. The answer is that as a matter of biblical law this is permitted, only rabbinically it is prohibited since one is afraid that the grocer inadvertently might sell the loaf designated as eruv.. Rebbi Aḥa in the name of Rebbi Ḥinena98He is R. Ḥanina, son of R. Abbahu (S. Liebermann.): My father did not say so but: “But the Sages say, his money did not acquire for him20Since movables are not acquired until taken in possession (Mishnah Qiddušin 1:5) the person would have to tell the grocer to be his agent and deliver his part to a third person who then acquires it for him. The only thing he cannot do is give money to acquire part of the loaf which the baker will bake as eruv without any further action..” This implies that money does transfer title as word from the Torah99Babli 81b, Bava mesiˋa 47b, in the name of R. Joḥanan. Since the Mishnah states that in general money may be used to transfer title, this must be biblical law.. “They agree for anybody else that his money does acquire for him,” because the grocer will transfer title through a third person. “Because one makes an eruv for a person only with his agreement;” the Mishnah is Rebbi Meïr’s100Chapter 6, Notes 99–102. since Rebbi Meïr said, by an eruv, by participation. Rebbi Ze`ira in the name of Rebbi Joḥanan: In matters of eruvin and public fast-days everybody follows Rebbi Meïr. Rebbi Jacob [bar Aḥa]79Added from the parallels; missing here but necessary. in the name of Rebbi Joḥanan: Even about the reading of the Esther scroll everybody follows Rebbi Meïr.

7:10:3

רִבִּי יִצְחָק בֶּן חֲקוּלָה בְשֵׁם רִבִּי יוּדָן נְסִיָיא. מְעָרְבִין לְאָדָם עַל כּוֹרְחוֹ. וְתַנֵּי כֵן. כּוֹפִין בְּנֵי מָבוֹי זֶה לָזֶה לַעֲשׁוֹת לָהֶם לֶחִי וְקוֹרָה. וְהָתַנֵּי. הֲרֵי שֶּׁאָמְרוּ לוֹ לְעָרֵב וְהוּא אֵינוֹ מְמָאֵן. הָיָה מְמָאֵן כּוֹפִין אוֹתוֹ. אָמַר רִבִּי יוּדָן. מַתְנִיתָא דְּרִבִּי מֵאִיר. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי בּוּן. תִּיפְתָּר כְּדִבְרֵי הַכֹּל שֶׁהָיָה צְדוּקִי. וְהָתַנֵּי. הַשּׁוכֵחַ וְלֹא עֵירֵב בֵּין שׁוֹגֵג בֵּין מֵזִיד הֲרֵי זֶה אוֹסֵר. דִּבְרֵי רִבִּי מֵאִיר. רִבִּי יוּדָן אוֹמֵר. מֵזִיד אוֹסֵר. שׁוֹגֵג אֵינוֹ אוֹסֵר. מֵזִיד אוֹסֵר. מְעָרְבִין לוֹ עַל כָּרְחוֹ. אֶלָּא מִשּׁוּם קְנָס. מֵעַתָּה הוּא אָסוּר וַחֲבֵירוּ מוּתָּר. מִכֵּיוָן שֶׁיְּכוֹלִין לְעָרֵב וְלֹא עֵירֵב קוֹנְסִין אוֹתוֹ. וְלֵית לֵיהּ לְרִבִּי מֵאִיר. זָכִין לָאָדָם שֶׁלֹּא בְפָנָיו וְאֵין חָבִיּן לוֹ. סְבַר רִבִּי מֵאִיר. לֵית הָדָא זְכוּ. לֹא בָעֵי בַר נַשׁ יֵיעוֹל חֲבֵרַיָיא לְבֵיתֵיהּ בַּר מִדַּעְתֵּיהּ.

Rebbi Isaac Ḥaqula101Meïri (ad 80a, p. 313) reads: R. Jacob bar Idi. in the name of Rebbu Jehudah the Prince: One forcibly makes an eruv for a person102If the majority of the dwellers in a courtyard or alley decide to make an eruv they can appeal to the court to force the minority to participate.. It was stated thus103Tosephta Bava meṣi`a 11:18.: “The dwellers in an alley force one another to install lath or beam,” and it was stated: If they told him to make an eruv and he does not object104In that case they can make the eruv also for him without a problem. The question is whether R. Jehudah Nesia also allows to force a person who explicitly objects to making an eruv.. If he objects does one force him? Rebbi Yudan said, the baraita is Rebbi Meïr’s. Rebbi Yose ben Rebbi Abun said, one may explain it according to everybody if he is a Sadducee. But was it not stated105Tosephta 5:15.: “If one forgot and did not make an eruv, whether in error or intentionally he forbids, the words of Rebbi Meïr. Rebbi Jehudah says intentionally he forbids, in error he does not forbid.” Intentionally he forbids; may one not make eruv for him forcibly? But it106Since the problem can be eliminated by making the eruv for everybody without asking, why should anybody be forbidden? must be a fine. Then he should be forbidden but everybody else permitted. Since they could make an eruv and did not make it one fines him107He is forbidden because he did not participate in the eruv and everybody else is forbidden since they did not make the eruv forcibly.. But does Rebbi Meïr not hold that one may make something in favor of another person without his knowledge, only one may not impose a disadvantage on him108A general principle, Mishnah 11 here and Giṭtin 1:6.? Rebbi Meïr holds that this is not a favor; a person does not want that a neighbor may come to his house except on his invitation.

Rebbi Isaac Ḥaqula101Meïri (ad 80a, p. 313) reads: R. Jacob bar Idi. in the name of Rebbu Jehudah the Prince: One forcibly makes an eruv for a person102If the majority of the dwellers in a courtyard or alley decide to make an eruv they can appeal to the court to force the minority to participate.. It was stated thus103Tosephta Bava meṣi`a 11:18.: “The dwellers in an alley force one another to install lath or beam,” and it was stated: If they told him to make an eruv and he does not object104In that case they can make the eruv also for him without a problem. The question is whether R. Jehudah Nesia also allows to force a person who explicitly objects to making an eruv.. If he objects does one force him? Rebbi Yudan said, the baraita is Rebbi Meïr’s. Rebbi Yose ben Rebbi Abun said, one may explain it according to everybody if he is a Sadducee. But was it not stated105Tosephta 5:15.: “If one forgot and did not make an eruv, whether in error or intentionally he forbids, the words of Rebbi Meïr. Rebbi Jehudah says intentionally he forbids, in error he does not forbid.” Intentionally he forbids; may one not make eruv for him forcibly? But it106Since the problem can be eliminated by making the eruv for everybody without asking, why should anybody be forbidden? must be a fine. Then he should be forbidden but everybody else permitted. Since they could make an eruv and did not make it one fines him107He is forbidden because he did not participate in the eruv and everybody else is forbidden since they did not make the eruv forcibly.. But does Rebbi Meïr not hold that one may make something in favor of another person without his knowledge, only one may not impose a disadvantage on him108A general principle, Mishnah 11 here and Giṭtin 1:6.? Rebbi Meïr holds that this is not a favor; a person does not want that a neighbor may come to his house except on his invitation.

7:10:4

רִבִּי בָּא בְרֵיהּ דְּרִבִּי פַּפַּי בְשֵׁם רִבִּי חָמָא בַּר חֲנֵינָה. מַעֲשֶׂה בִאִשָׁה אַחַת שֶׁעֵירְבָה לַחֲמוּתָהּ בְּלֹא דַעְתָּהּ. וְאֲתָא עוֹבְדָא קוֹמֵי רִבִּי יִשְׁמָעֵאל וּבִיקֵּשׁ לֶאֱסוֹר. אָמַר לֵיהּ רִבִּי חִיָיה. כָּך שָׁמַעְתִּי מֵאָבִיךָ. כָּל מָה שֶׁאַתּ יָכוּל לְהָקֶל בְּעֵירוּבִין הָקֵל.

Rebbi Abba the son of Rebbi Pappai in the name of Rebbi Ḥama bar Ḥanina: It happened that a woman made an eruv for her mother-in-law without her knowledge. The case came before Rebbi Ismael109R. Ismael ben R. Yose ben Ḥalaphta. who wanted to forbid. Rebbi Ḥiyya told him, I heard from your father that if you can be lenient in eruvin you should be lenient110Babli 80a; there the roles are switched..

Rebbi Abba the son of Rebbi Pappai in the name of Rebbi Ḥama bar Ḥanina: It happened that a woman made an eruv for her mother-in-law without her knowledge. The case came before Rebbi Ismael109R. Ismael ben R. Yose ben Ḥalaphta. who wanted to forbid. Rebbi Ḥiyya told him, I heard from your father that if you can be lenient in eruvin you should be lenient110Babli 80a; there the roles are switched..

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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